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News & Press: 2012 News Items

Construction Charter requires re-look in the face of impending B-BBEE legislation

Thursday, 01 November 2012  
Posted by: Bert vd Heever
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The ASAQS's President Mr Qinisani Mbatha has signed the Constitution of the Construction Sector Charter Council (CSCC) thus ensuring that the ASAQS is actively represented on the Council of the CSCC going forward. This ensures that the ASAQS is recognised as a stakeholder to the constitution of the CSCC and has a voice when representing our profession in engaging on the formation of policy affecting Quantity Surveyors nationally. At a recent CSCC Council meeting which Mr Mbatha attended it ws agreed that our president be appointed to serve on the "Legal Sub Committeeā€¯ on the CSCC. The input from this Sub-Committees is extremely urgent in the face of impending B-BBEE legislation that (was) released for comment this week. The CSCC will only have 60 days to provide comment on the proposed wholesale changes to the Act. The legal implications to CSC will need to be investigated, as well as the technical component contained therein.
Here is some back ground to the Construction Sector Charter Council (CSCC) and its objectives: 
The Construction Sector Charter Council was brought about by the gazetting of the Construction Sector Codes by the Minister of Trade and Industry on the 05th of June 2009. The Minister gazetted the Codes in terms of Section 9 (1) of the Broad Based Black Economic Empowerment Act 53 0f 2003. The CSCC is entrusted with overseeing and monitoring the implementation of the Construction Codes of Good Practice. It is empowered to act with executive capacity and provides the necessary links to the relevant government institutions.
The Construction Industry believes that positive and proactive response through the implementation of the Construction Codes of Good Practice will address inequalities in the sector, unlock the sector's potential and enhance its growth.
Parties to the Construction Transformation Charter are committed to actively promote a vibrant, transformed and competitive construction sector that provides adequate services to the domestic economy, reflects the South African nation as a whole and contributes to the establishment of an equitable society. 
The Codes in general supports all the objectives of the Construction Transformation Charter and in particular aims to:
  • Achieve a substantial change in the racial and gender composition of the ownership, control and management in the sector;
  • Promote the effective advancement of employment equity in the sector and adherence to principles of non-racialism and non-sexism;
  • Provide the construction sector the first quantitative method for monitoring and evaluating the progress of an enterprise towards BBBEE thereby contribute to ending the malpractice of fronting;
  • Address skills development in a manner that accelerates the advancement of black people, black women and designated groups with a particular emphasis on learnerships, technical and management training;
  • Increase the procurement of goods and services from BBBEE enterprises and standardise preferential procurement methodology; and
  • Enhance entrepreneurial development and promote the sustainable growth of micro, medium and small BBBEE enterprises.
1 National Department of Public Works DPW
2 African Builders Association ABA
3 National Association of Black Contractors & Allied Trades NABCAT
4 National Federation for the Building Industry NAFBI
5 National African Federated Chamber of Commerce & Industry Construction NAFCON
6 Association of South African Quantity Surveyors ASAQS
7 Electrical Contractors Association South Africa ECASA
8 Master Builders South Africa MBSA
9 Consulting Engineers South Africa CESA
10 South African Black Technical and Allied Careers Organization SABTACO
11 South African Federation for Civil Engineering Contractors SAFCEC
12 South African Institute of Architects SAIA
13 Southern African Institute of Steel Construction SAISC
14 South African Women in Construction SAWIC
15 Khuthaza n/a
16 National Union of Mineworkers NUM
17 Building Construction and Allied Workers Union BCAWU